Concurso público: cadastro de reserva à luz do princípio da eficiência

Abstract

Objective: analyze of doing public competitive examination‟s only with reserve register through administrative efficiency principle. Method: for the development of this work it was accomplished a bibliographical research about the public competitive examination´s origin and evolution and about reserve register‟s origin, definition and its unconstitutional current use, especially about administrative efficiency principle. The collection of diverse judgments in the Brazilian courts was also made to know the positioning of the jurisprudence on the subject. Result: it was evidenced that the accomplishment public competitive examination‟s only with reserve register althougt to be a legitimate planning tool to public concern, it has been used by public administration as a fraud of subjective entitlement violating a lot the efficiency principle in doing public competitive examination‟s without do the nominations; in throw away qualified professionals; in don‟t extend the competitive examinations and in the same time to do another public competitive examination; in remain with outsourced professionals in instead of approved personal, in addition to spending, worst public servants and the violation of the population confidence in public administration. Conclusion: Therefore, the accomplishment public competitive examination‟s never can defy the constitutional principles of Federal Constitution an then, considerate the public competitive examinations by a legitimate dispute to public jobs and the administration have to use this thing as a way to made the public efficiency, moreover, the reserve register only can be used in limited situations, exposed in this work.